92 Decision Citation: BVA 92-16050
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 91-45 351 ) DATE
)
)
)
THE ISSUE
Entitlement to a temporary total rating based on
hospitalization from October 3 to November 22, 1990, and
November 23 to December 17, 1990.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
R. K. ErkenBrack, Counsel
INTRODUCTION
This matter came before the Board of Veterans' Appeals
(Board) on appeal from a rating decision in February 1990 of
the Department of Veterans Affairs (VA) Regional Office (RO)
at Little Rock, Arkansas. The veteran served on active duty
from March 1969 to May 1972. The notice of disagreement was
received in April 1991. The statement of the case was
issued in June 1991. The substantive appeal was received in
August 1991. The veteran has been represented throughout
his appeal by Disabled American Veterans, which presented a
statement on the appeal at the RO in September 1991. The
appeal was received at the Board in October 1991.
REMAND
The veteran has claimed consistently and repeatedly that his
substance abuse, which was the primary reason for the
hospitalizations in question, was secondary to
service-connected post-traumatic stress disorder. He refers
to the hospital diagnoses of alcohol and cocaine
dependency. Nevertheless, the RO has not considered the
issue of secondary service connection for alcohol and
cocaine dependency. In other words, the case has not been
adjudicated with respect to the basic question of whether
alcohol and/or cocaine dependency is a manifestation of
service-connected post-traumatic stress disorder so that the
requirements for a temporary total rating based on
hospitalization would be met. Until this question is
adjudicated by the RO, it would be useless and unresponsive
to the veteran's real claim for the Board to proceed
further.
Accordingly, the case is REMANDED for the following actions:
1. The complete VA hospital and
outpatient treatment records folders, or
certified copies thereof, should be
obtained from the VA Medical Center at
North Little Rock, Arkansas.
2. Thereafter, a complete psychiatric
examination should be accorded the
veteran by a psychiatrist to ascertain
the current degree of psychiatric
disability, to include cocaine and
alcohol dependency. It is requested
that the psychiatrist render an opinion
as to whether alcohol and cocaine
dependency is due to, secondary to, or a
manifestation of service-connected
post-traumatic stress disorder. All
indicated tests should be accomplished.
The claims folder must be made available
to the examiner for review prior the
examination.
3. Next, the RO should adjudicate the
issue of entitlement to service
connection for alcohol and cocaine
dependency as secondary to or as
manifestations of service-connected
post-traumatic stress disorder.
Then the RO should again review the issue with respect to
temporary total ratings based on the pertinent periods of
hospitalization. If the determination remains adverse to
the veteran, wholly or partly, the case should be returned
to this Board, together with all additional evidence
developed, after compliance with the requisite appellate
procedures. The purpose of this REMAND is to procure
clarifying data and to ensure due process of law in the
preparation and adjudication of the case. No action is
required of the veteran until he receives further notice.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
J. E. DAY M. WOLOWITZ
SAMUEL W. WARNER
Under 38 U.S.C. § 7252 (1992), only a decision of the Board
of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of
a preliminary order and does not constitute a decision of
the Board on the merits of your appeal.